Atwater v. Bolden
ORDER signed by Judge John E. Jones II on 3/7/12: Report and Recommendation (doc 16) is adopted; claims are dismissed without prejudice to plaintiff filing two separate complaints; action is dismissed; motion for ifp (doc #4) granted; Administrative order (doc #10) vacated; plaintiff's successive motion for ifp (doc #8) dismissed as moot; clerk directed to close the file on this case.(lg, )
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
LEWIS RASHAAD ATWATER,
OFFICER GABRIEL, et al.,
Hon. John E. Jones III
Hon. Martin C. Carlson
March 7, 2012
In conformity with the Memorandum issued on today’s date, it is hereby
The Report and Recommendation of Magistrate Judge Martin C.
Carlson (Doc. 16) is ADOPTED in its entirety.
The claims in this action are DISMISSED without prejudice to
Plaintiff filing two separate complaints, addressing the separate claims
he has against Defendants Officer Gabriel and Officer Bolden in two
The action is DISMISSED as against Defendant Prime Care Health.
The Plaintiff’s demand for a specific amount of unliquidated damages
is STRICKEN from the amended complaint.
The Plaintiff’s Motion for Leave to Proceed in forma pauperis (Doc.
4) is GRANTED for the sole purpose of filing this action, however no
monies shall be deducted from the Plaintiff’s account. Thus, the
Administrative Order (Doc. 10) dated November 16, 2011 is
VACATED. The Clerk of Court shall send a copy of this Order to the
Warden/Superintendent of SCI-Camp Hill, and the
Warden/Superintendent is directed not to withdraw funds from the
The Plaintiff’s successive Motion for Leave to Proceed in forma
pauperis (Doc. 8) is DISMISSED as MOOT.
The Clerk of Court is directed to CLOSE the file on this case.
s/ John E. Jones III
John E. Jones III
United States District Judge
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